Public Act 90-0653 of the 90th General Assembly
Public Act 90-0653
HB1640 Enrolled LRB9004005THpk
AN ACT concerning education, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The General Obligation Bond Act is amended by
changing Section 12 as follows:
(30 ILCS 330/12) (from Ch. 127, par. 662)
Sec. 12. Allocation of Proceeds from Sale of Bonds.
(a) Proceeds from the sale of Bonds, authorized by
Section 3 of this Act, shall be deposited in the separate
fund known as the Capital Development Fund.
(b) Proceeds from the sale of Bonds, authorized by
paragraph (a) of Section 4 of this Act, shall be deposited in
the separate fund known as the Transportation Bond, Series A
Fund.
(c) Proceeds from the sale of Bonds, authorized by
paragraphs (b) and (c) of Section 4 of this Act, shall be
deposited in the separate fund known as the Transportation
Bond, Series B Fund.
(d) Proceeds from the sale of Bonds, authorized by
Section 5 of this Act, shall be deposited in the separate
fund known as the School Construction Fund, except that
proceeds from the sale of the additional $1,100,000,000 of
bonds authorized in subsection (e) of Section 5 pursuant to
this amendatory Act of 1997 shall be deposited into the
School Infrastructure Fund.
(e) Proceeds from the sale of Bonds, authorized by
Section 6 of this Act, shall be deposited in the separate
fund known as the Anti-Pollution Fund.
(f) Proceeds from the sale of Bonds, authorized by
Section 7 of this Act, shall be deposited in the separate
fund known as the Coal Development Fund.
(g) Proceeds from the sale of Bonds, authorized by
Section 8 of this Act, shall be deposited in the Capital
Development Fund.
(h) Subsequent to the issuance of any Bonds for the
purposes described in Sections 2 through 8 of this Act, the
Governor and the Director of the Bureau of the Budget may
provide for the reallocation of unspent proceeds of such
Bonds to any other purposes authorized under said Sections of
this Act, subject to the limitations on aggregate principal
amounts contained therein. Upon any such reallocation, such
unspent proceeds shall be transferred to the appropriate
funds as determined by reference to paragraphs (a) through
(g) of this Section.
(Source: P.A. 90-549, eff. 12-8-97.)
Section 10. The School Code is amended by changing
Sections 1C-2, 1D-1, 17-1.5, 18-8.05, 21-2, 21-2a, 21-4,
21-14, 24-11, and 24A-5 as follows:
(105 ILCS 5/1C-2)
Sec. 1C-2. Block grants.
(a) For fiscal year 1999, and each fiscal year
thereafter, the State Board of Education shall award to
school districts block grants as described in subsections (b)
and (c). The State Board of Education may adopt rules and
regulations necessary to implement this Section. In
accordance with Section 2-3.32, all state block grants are
subject to an audit. Therefore, block grant receipts and
block grant expenditures shall be recorded to the appropriate
fund code.
(b) A Professional Development Block Grant shall be
created by combining the existing School Improvement Block
Grant and the REI Initiative. These funds shall be
distributed to school districts based on the number of
full-time certified instructional staff employed in the
district.
(c) An Early Childhood Education Block Grant shall be
created by combining the following programs: Preschool
Education, Parental Training and Prevention Initiative.
These funds shall be distributed to school districts and
other entities on a competitive basis. Eight percent of this
grant shall be used to fund programs for children ages 0-3.
(Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
(105 ILCS 5/1D-1)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 and each fiscal year
thereafter, the State Board of Education shall award to a
school district having a population exceeding 500,000
inhabitants a general education block grant and an
educational services block grant, determined as provided in
this Section, in lieu of distributing to the district
separate State funding for the programs described in
subsections (b) and (c). The provisions of this Section,
however, do not apply to any federal funds that the district
is entitled to receive. In accordance with Section 2-3.32,
all block grants are subject to an audit. Therefore, block
grant receipts and block grant expenditures shall be recorded
to the appropriate fund code for the designated block grant.
(b) The general education block grant shall include the
following programs: REI Initiative, Preschool At Risk, K-6
Comprehensive Arts, School Improvement Support, Urban
Education, Scientific Literacy, Substance Abuse Prevention,
Second Language Planning, Staff Development, Outcomes and
Assessment, K-6 Reading Improvement, Truants' Optional
Education, Hispanic Programs, Agriculture Education, Gifted
Education, Parental Education, Prevention Initiative, Report
Cards, and Criminal Background Investigations.
Notwithstanding any other provision of law, all amounts paid
under the general education block grant from State
appropriations to a school district in a city having a
population exceeding 500,000 inhabitants shall be
appropriated and expended by the board of that district for
any of the programs included in the block grant or any of the
board's lawful purposes.
(c) The educational services block grant shall include
the following programs: Bilingual, Regular and Vocational
Transportation, State Lunch and Free Breakfast Program,
Special Education (Personnel, Extraordinary, Transportation,
Orphanage, Private Tuition), Summer School, Educational
Service Centers, and Administrator's Academy. This
subsection (c) does not relieve the district of its
obligation to provide the services required under a program
that is included within the educational services block grant.
It is the intention of the General Assembly in enacting the
provisions of this subsection (c) to relieve the district of
the administrative burdens that impede efficiency and
accompany single-program funding. The General Assembly
encourages the board to pursue mandate waivers pursuant to
Section 2-3.25g.
(d) For fiscal year 1996 and each fiscal year
thereafter, the amount of the district's block grants shall
be determined as follows: (i) with respect to each program
that is included within each block grant, the district shall
receive an amount equal to the same percentage of the current
fiscal year appropriation made for that program as the
percentage of the appropriation received by the district from
the 1995 fiscal year appropriation made for that program, and
(ii) the total amount that is due the district under the
block grant shall be the aggregate of the amounts that the
district is entitled to receive for the fiscal year with
respect to each program that is included within the block
grant that the State Board of Education shall award the
district under this Section for that fiscal year.
(e) The district is not required to file any application
or other claim in order to receive the block grants to which
it is entitled under this Section. The State Board of
Education shall make payments to the district of amounts due
under the district's block grants on a schedule determined by
the State Board of Education.
(f) A school district to which this Section applies
shall report to the State Board of Education on its use of
the block grants in such form and detail as the State Board
of Education may specify.
(g) This paragraph provides for the treatment of block
grants under Article 1C for purposes of calculating the
amount of block grants for a district under this Section.
Those block grants under Article IC are, for this purpose,
treated as included in the amount of appropriation for the
various programs set forth in paragraph (b) above. The
appropriation in each current fiscal year for each block
grant under Article 1C shall be treated for these purposes as
appropriations for the individual program included in that
block grant. The proportion of each block grant so allocated
to each such program included in it shall be the proportion
which the appropriation for that program was of all
appropriations for such purposes now in that block grant, in
fiscal 1995.
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
90-566, eff. 1-2-98.)
(105 ILCS 5/17-1.5)
Sec. 17-1.5. Limitation of administrative costs.
(a) It is the purpose of this Section to establish
limitations on the growth of administrative expenditures in
order to maximize the proportion of school district resources
available for the instructional program, building
maintenance, and safety services for the students of each
district.
(b) Definitions. For the purposes of this Section:
"Administrative expenditures" mean the annual
expenditures of school districts properly attributable to
expenditure functions defined by the rules of the State Board
of Education as: 2310 (Board of Education Services); 2320
(Executive Administration Services); 2330 (Special Area
Administration Services); 2490 (Other Support Services -
School Administration); 2510 (Direction of Business Support
Services); 2520 (Fiscal Services); 2570 (Internal Services);
and 2610 (Direction of Central Support Services); provided,
however, that "administrative expenditures" shall not include
early retirement or other pension system obligations required
by State law 2600 (Total Support Services - Central); and
all expenditures properly attributable for the Service Area
Direction of functions 2540 (Operations and Maintenance of
Plant Services), 2550 (Pupil Transportation Services), and
2560 (Food Services).
"Instructional expenditures" mean the annual expenditures
of school districts properly attributable to expenditure
functions defined by the rules of the State Board of
Education as: 1100 (Regular Programs); 1200 (Special
Education Programs); 1250 (Educational Deprived/Remedial
Programs); 1300 (Adult/Continuing Education Programs); 1400
(Vocational Programs); 1500 (Interscholastic Programs); 1600
(Summer School Programs); 1650 (Gifted Programs); 1800
(Bilingual Programs); and 1900 (Truants' Alternative and
Optional Programs).
"School district" means all school districts having a
population of less than 500,000.
(c) For the 1998-99 school year and each school year
thereafter, each school district shall undertake budgetary
and expenditure control actions so that the increase in
administrative expenditures for that school year over the
prior school year does do not exceed the lesser of 5% or the
percentage increase in instructional expenditures for that
school year over the prior school year. School districts
with administrative expenditures per pupil in the 25th
percentile and below for all districts of the same type, as
defined by the State Board of Education, may waive the
limitation imposed under this Section for any year following
a public hearing and with the affirmative vote of at least
two-thirds of the members of the school board of the
district. Any district waiving the limitation shall notify
the State Board within 45 days of such action.
(d) School districts shall file with the State Board of
Education by November October 15, 1998 and by each November
October 15th thereafter a one-page report that lists (i) the
actual administrative expenditures and the actual
instructional expenditures for the prior year from the
district's audited Annual Financial Report, and (ii) the
projected administrative expenditures and the projected
instructional expenditures for the current year from the
budget adopted by the school board pursuant to Section 17-1
of this Code.
If a school district that is ineligible to waive the
limitation imposed by subsection (c) of this Section by board
action exceeds the limitation solely because of circumstances
beyond the control of the district and the district has
exhausted all available and reasonable remedies to comply
with the limitation, the district may request a waiver
pursuant to Section 2-3.25g. The waiver application shall
specify the amount, nature, and reason for the relief
requested, as well as all remedies the district has exhausted
to comply with the limitation. Any emergency relief so
requested shall apply only to the specific school year for
which the request is made. The State Board of Education
shall analyze all such waivers submitted and shall recommend
that the General Assembly disapprove any such waiver
requested that is not due solely to circumstances beyond the
control of the district and for which the district has not
exhausted all available and reasonable remedies to comply
with the limitation. The State Superintendent shall have no
authority to impose any sanctions pursuant to this Section
for any expenditures for which a waiver has been requested
until such waiver has been reviewed by the General Assembly.
If the report and information required under this
subsection (d) are is not provided by the school district in
a timely manner, or are is initially or subsequently
determined by the State Superintendent of Education to be
incomplete or inaccurate, the State Superintendent shall
notify the district in writing of reporting deficiencies.
The school district shall, within 60 days of the notice,
address the reporting deficiencies identified. If the State
Superintendent does not receive a satisfactory response to
these reporting deficiencies within these 60 days, the next
payment of general State aid due the district under Section
18-8 of this Code, and all subsequent payments, may be
withheld until the deficiencies have been addressed.
(e) If the State Superintendent determines that a school
district has failed to comply with the administrative
expenditure limitation imposed in subsection (c) of this
Section by adopting a budget in violation of the limitation
or by having actual administrative expenditures for the prior
year in excess of the limitation, the State Superintendent
shall notify the district of the violation and direct the
district to undertake corrective action to bring the
district's budget into compliance with the administrative
expenditure limitation. The district shall, within 60 days
of the notice, provide adequate assurance to the State
Superintendent that appropriate corrective actions have been
or will be taken. If the district fails to provide adequate
assurance or fails to undertake the necessary corrective
actions, the State Superintendent may impose progressive
sanctions against the district that may culminate in
withholding withhold all subsequent payments of general State
aid due the district under Section 18-8.05 18-8 of this Code
until the assurance is provided or the corrective actions
taken.
(f) The State Superintendent shall publish a list each
year of the school districts that violate the limitation
imposed by subsection (c) of this Section and a list of the
districts that waive the limitation by board action as
provided in subsection (c) of this Section. The State Board
of Education may recommend to the General Assembly and the
Governor any additional sanctions or remedial actions that
they determine necessary to deter non-compliance with the
limitation.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/18-8.05)
(This Section may contain text from a Public Act with a
delayed effective date.)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund.
In case of nonrecognition of one or more attendance
centers in a school district otherwise operating
recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily
Attendance in the attendance center or centers bear to
the Average Daily Attendance in the school district. A
"recognized school" means any public school which meets
the standards as established for recognition by the State
Board of Education. A school district or attendance
center not having recognition status at the end of a
school term is entitled to receive State aid payments due
upon a legal claim which was filed while it was
recognized.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) If a school district operates a full year
school under Section 10-19.1, the general State aid to
the school district shall be determined by the State
Board of Education in accordance with this Section as
near as may be applicable.
(d) (Blank). Claims for financial assistance under
this Section shall not be recomputed except as expressly
provided under this Section.
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided
for in this Section may apply those funds to any fund so
received for which that board is authorized to make
expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis Average
Daily Attendance and derived as provided pursuant to
subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except
community college educational purposes for the payment of
tuition under Section 6-1 of the Public Community College
Act, Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.20%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year, except that any days of attendance in August shall be
added to the month of September and any days of attendance in
June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school
for only a part of the school day may be counted on the
basis of 1/6 day for every class hour of instruction of
40 minutes or more attended pursuant to such enrollment.
(b) Days of attendance may be less than 5 clock
hours on the opening and closing of the school term, and
upon the first day of pupil attendance, if preceded by a
day or days utilized as an institute or teachers'
workshop.
(c) A session of 4 or more clock hours may be
counted as a day of attendance upon certification by the
regional superintendent, and approved by the State
Superintendent of Education to the extent that the
district has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be
counted as a day of attendance (1) when the remainder of
the school day or at least 2 hours in the evening of that
day is utilized for an in-service training program for
teachers, up to a maximum of 5 days per school year of
which a maximum of 4 days of such 5 days may be used for
parent-teacher conferences, provided a district conducts
an in-service training program for teachers which has
been approved by the State Superintendent of Education;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day of
attendance; and (2) when days in addition to those
provided in item (1) are scheduled by a school pursuant
to its school improvement plan adopted under Article 34
or its revised or amended school improvement plan adopted
under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for
teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours
fall short of 5 clock hours. Any full days used for the
purposes of this paragraph shall not be considered for
computing average daily attendance. Days scheduled for
in-service training programs, staff development
activities, or parent-teacher conferences may be
scheduled separately for different grade levels and
different attendance centers of the district.
(e) A session of not less than one clock hour
teaching of hospitalized or homebound pupils on-site or
by telephone to the classroom may be counted as 1/2 day
of attendance, however these pupils must receive 4 or
more clock hours of instruction to be counted for a full
day of attendance.
(f) A session of at least 4 clock hours may be
counted as a day of attendance for first grade pupils,
and pupils in full day kindergartens, and a session of 2
or more hours may be counted as 1/2 day of attendance by
pupils in kindergartens which provide only 1/2 day of
attendance.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 or more clock
hours because of their disability or immaturity, a
session of not less than one clock hour may be counted as
1/2 day of attendance; however for such children whose
educational needs so require a session of 4 or more clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for
only 1/2 day of attendance by each pupil shall not have
more than 1/2 day of attendance counted in any 1 day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the pupil shall have the following day as a day
absent from school, unless the school district obtains
permission in writing from the State Superintendent of
Education. Attendance at kindergartens which provide for
a full day of attendance by each pupil shall be counted
the same as attendance by first grade pupils. Only the
first year of attendance in one kindergarten shall be
counted, except in case of children who entered the
kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under the rules and regulations of the State
Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State
Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department
of Revenue of all taxable property of every school district
together with the applicable tax rate used in extending taxes
for the funds of the district as of September 30 of the
previous year.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school
district within a redevelopment project area in respect
to which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Sections 11-74.4-1 through
11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the
current equalized assessed valuation of real property
located in any such project area which is attributable to
an increase above the total initial equalized assessed
valuation of such property shall be used as part of the
equalized assessed valuation of the district, until such
time as all redevelopment project costs have been paid,
as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of
the Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall
be used until such time as all redevelopment project
costs have been paid.
(b) The real property equalized assessed valuation
for a school district shall be adjusted by subtracting
from the real property value as equalized or assessed by
the Department of Revenue for the district an amount
computed by dividing the amount of any abatement of taxes
under Section 18-170 of the Property Tax Code by 3.00%
for a district maintaining grades kindergarten through 12
or by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.20% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes
under subsection (a) of Section 18-165 of the Property
Tax Code by the same percentage rates for district type
as specified in this subparagraph (c).
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average
Daily Attendance of the school district.
(2) Supplemental general State aid pursuant to this
subsection shall be provided as follows:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d),
immediately above shall be increased by $100 to $1,200,
$1,600, and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c) and (d)
immediately above shall be increased to $1,230, $1,640,
and $2,050, respectively.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting
from this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts shall be distributed to
the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance
center who are eligible to receive free or reduced-price
lunches or breakfasts under the federal Child Nutrition
Act of 1966 and under the National School Lunch Act
during the immediately preceding school year.
(b) The distribution of these portions of
supplemental and general State aid among attendance
centers according to these requirements shall not be
compensated for or contravened by adjustments of the
total of other funds appropriated to any attendance
centers, and the Board of Education shall utilize funding
from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds
and other categorical funds to which an attendance center
is entitled under law in order that the general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection are
not required to be allocated and provided to attendance
centers may be used and appropriated by the board of the
district for any lawful school purpose.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by the attendance center
at the discretion of the principal and local school
council for programs to improve educational opportunities
at qualifying schools through the following programs and
services: early childhood education, reduced class size
or improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement and
other educationally beneficial expenditures which
supplement the regular and basic programs as determined
by the State Board of Education. Funds provided shall
not be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to
meet the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to
the State Board of Education prior to July 15 of each
year. This plan shall be consistent with the decisions of
local school councils concerning the school expenditure
plans developed in accordance with part 4 of Section
34-2.3. The State Board shall approve or reject the plan
within 60 days after its submission. If the plan is
rejected, the district shall give written notice of
intent to modify the plan within 15 days of the
notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of
intent to modify. Districts may amend approved plans
pursuant to rules promulgated by the State Board of
Education.
Upon notification by the State Board of Education
that the district has not submitted a plan prior to July
15 or a modified plan within the time period specified
herein, the State aid funds affected by that plan or
modified plan shall be withheld by the State Board of
Education until a plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan,
the plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days
of receipt of the report, notify the district and any
affected local school council. The district shall within
45 days of receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure
report or the notification of remedial or corrective
action in a timely manner shall result in a withholding
of the affected funds.
The State Board of Education shall promulgate rules
and regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the new
district and for the previously existing districts for which
property is totally included within the new district. If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new
district.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing district as
constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on the basis of the annexing and
annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the
annexing school district as constituted upon such annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental
general State aid calculated under this Section shall be
computed for each annexing or resulting district as
constituted after the annexation or division and for each
annexing and annexed district, or for each resulting and
divided district, as constituted prior to the annexation or
division; and if the aggregate of the general State aid and
supplemental general State aid as so computed for the
annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(3.5) Claims for financial assistance under this
subsection (I) shall not be recomputed except as expressly
provided under this Section.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible for the
1998-1999 school year shall be no less than the amount of the
aggregate general State aid entitlement that was received by
the district under Section 18-8 (exclusive of amounts
received under subsections 5(p) and 5(p-5) of that Section)
for the 1997-98 school year, pursuant to the provisions of
that Section as it was then in effect. If a school district
qualifies to receive a supplementary payment made under this
subsection (J) for the 1998-1999 school year, the amount of
the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year
subsequent to the 1998-1999 school year shall be no less than
the amount of the aggregate general State aid entitlement
that was received by the district under Section 18-8
(exclusive of amounts received under subsections 5(p) and
5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year, or for the 1998-99
school year and any subsequent school year, that in any such
school year is less than the amount of the aggregate general
State aid entitlement that the district received for the
1997-98 school year, the school district shall also receive,
from a separate appropriation made for purposes of this
subsection (J), a supplementary payment that is equal to the
amount of the difference in the aggregate State aid figures
as described in paragraph (1).
(3) (Blank). If the amount appropriated for
supplementary payments to school districts under this
subsection (J) is insufficient for that purpose, the
supplementary payments that districts are to receive under
this subsection shall be prorated according to the aggregate
amount of the appropriation made for purposes of this
subsection.
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent, the State Board of
Education shall require by rule such reporting requirements
as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection (K) may not
increase the number of students enrolled in its laboratory
school from a single district, if that district is already
sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
established by the regional superintendents of schools of the
affected educational service regions.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the Average Daily
Attendance of the school's students by month. The best 3
months' Average Daily Attendance shall be computed for each
school. The general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
shall be reduced by an amount equal to the budget for the
operations of the Authority as certified by the Authority to
the State Board of Education, and an amount equal to such
reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in
Section 18-11. The remainder of general State school aid for
any such district shall be paid in accordance with Article
34A when that Article provides for a disposition other than
that provided by this Article.
(2) Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments
are made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those initial
members are then serving pursuant to appointment and
confirmation or pursuant to temporary appointments that are
made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) General State Aid Adjustment Grant.
(1) Any school district subject to property tax
extension limitations as imposed under the provisions of the
Property Tax Extension Limitation Law shall be entitled to
receive, subject to the qualifications and requirements of
this subsection, a general State aid adjustment grant.
Eligibility for this grant shall be determined on an annual
basis and claims for grant payments shall be paid subject to
appropriations made specific to this subsection. For
purposes of this subsection the following terms shall have
the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Current Year": The school year immediately preceding
the Budget Year.
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Extension Limitation Ratio": A numerical ratio,
certified by a school district's County Clerk, in which the
numerator is the Base Tax Year's tax extension amount
resulting from the Limiting Operating Tax Rate and the
denominator is the Preceding Tax Year's tax extension amount
resulting from the Limiting Operating Tax Rate.
"Limiting Rate": The limiting rate as defined in the
Property Tax Extension Limitation Law.
"Preliminary Tax Rate": The tax rate for all purposes
except bond and interest that would have been used to extend
those taxes absent the provisions of the Property Tax
Extension Limitation Law. "Operating Tax Rate": The
operating tax rate as defined in subsection (A).
(2) To qualify for a general State aid adjustment grant,
a school district must meet all of the following eligibility
criteria for each Budget Year for which a grant is claimed:
(a) (Blank). The Operating Tax Rate of the school
district in the Preceding Tax Year was at least 3.00% in
the case of a school district maintaining grades
kindergarten through 12, at least 2.30% in the case of a
school district maintaining grades kindergarten through
8, or at least 1.41% in the case of a school district
maintaining grades 9 through 12.
(b) The Preliminary Operating Tax Rate of the
school district for the Base Tax Year was reduced by the
Clerk of the County as a result of the requirements of
the Property Tax Extension Limitation Law.
(c) The Available Local Resources per pupil of the
school district as calculated pursuant to subsection (D)
using the Base Tax Year are less than the product of 1.75
times the Foundation Level for the Budget Year.
(d) The school district has filed a proper and
timely claim for a general State aid adjustment grant as
required under this subsection.
(3) A claim for grant assistance under this subsection
shall be filed with the State Board of Education on or before
April January 1 of the Current Year for a grant for the
Budget Year. The claim shall be made on forms prescribed by
the State Board of Education and must be accompanied by a
written statement from the Clerk of the County, certifying:
(a) That the school district had has its
Preliminary Tax Rate extension for the Base Tax Year
reduced as a result of the Property Tax Extension
Limitation Law.
(b) (Blank). That the Operating Tax Rate of the
school district for the Preceding Tax Year met the tax
rate requirements of subdivision (N)(2) of this Section.
(c) The Extension Limitation Ratio as that term is
defined in this subsection.
(4) On or before August 1 of the Budget Year the State
Board of Education shall calculate, for all school districts
meeting the other requirements of this subsection, the amount
of the general State aid adjustment grant, if any, that the
school districts are eligible to receive in the Budget Year.
The amount of the general State aid adjustment grant shall be
calculated as follows:
(a) Determine the school district's general State
aid grant for the Budget Year as provided in accordance
with the provisions of subsection (E).
(b) Determine the school district's adjusted level
of general State aid by utilizing in the calculation of
Available Local Resources an equalized assessed valuation
that is the equalized assessed valuation that was used to
calculate the general State aid for the preceding fiscal
year of the Preceding Tax Year multiplied by the
Extension Limitation Ratio.
(c) Subtract the sum derived in subparagraph (a)
from the sum derived in subparagraph (b). If the result
is a positive number, that amount shall be the general
State aid adjustment grant that the district is eligible
to receive.
(5) The State Board of Education shall in the Current
Year, based upon claims filed in the Current Year, recommend
to the General Assembly an appropriation amount for the
general State aid adjustment grants to be made in the Budget
Year.
(6) Claims for general State aid adjustment grants shall
be paid in a lump sum on or before January 1 of the Budget
Year only from appropriations made by the General Assembly
expressly for claims under this subsection. No such claims
may be paid from amounts appropriated for any other purpose
provided for under this Section. In the event that the
appropriation for claims under this subsection is
insufficient to meet all Budget Year claims for a general
State aid adjustment grant, the appropriation available shall
be proportionately prorated by the State Board of Education
amongst all districts filing for and entitled to payments.
(7) The State Board of Education shall promulgate the
required claim forms and rules necessary to implement the
provisions of this subsection.
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source: P.A. 90-548, eff. 7-1-98.)
(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. Grades of certificates.
(a) Until January 1, 1999, all certificates issued under
this Article shall be State certificates valid, except as
limited in Section 21-1, in every school district coming
under the provisions of this Act and shall be limited in time
and designated as follows: Provisional vocational
certificate, temporary provisional vocational certificate,
early childhood certificate, elementary school certificate,
special certificate, high school certificate, school service
personnel certificate, administrative certificate,
provisional certificate, and substitute certificate. The
requirement of student teaching under close and competent
supervision for obtaining a teaching certificate may be
waived by the State Teacher Certification Board upon
presentation to the Board by the teacher of evidence of 5
years successful teaching experience on a valid certificate
and graduation from a recognized institution of higher
learning with a bachelor's degree with not less than 120
semester hours and a minimum of 16 semester hours in
professional education.
(b) Initial Teaching Certificate. Beginning January 1,
1999, persons who (1) have completed an approved teacher
preparation program, (2) are recommended by an approved
teacher preparation program, (3) have successfully completed
the Initial Teaching Certification examinations required by
the State Board of Education, and (4) have met all other
criteria established by the State Board of Education in
consultation with the State Teacher Certification Board,
shall be issued an Initial Teaching Certificate valid for 4
years of teaching. Initial Teaching Certificates shall be
issued for categories corresponding to Early Childhood
Education, Elementary Education, and Secondary Education, and
Special K-12, with special certification designations for
Special Education, Bilingual Education, fundamental learning
areas (including Language Arts, Reading, Mathematics,
Science, Social Science, Physical Development and Health,
Fine Arts, and Foreign Language), and other areas designated
by the State Board of Education, in consultation with the
State Teacher Certification Board.
(c) Standard Certificate. Beginning January 1, 1999,
persons who (1) have completed 4 years of teaching with an
Initial Certificate, have successfully completed the Standard
Teaching Certificate examinations, and have met all other
criteria established by the State Board of Education in
consultation with the State Teacher Certification Board, or
(2) were issued teaching certificates prior to January 1,
1999 and are renewing those certificates after January 1,
1999, shall be issued a Standard Certificate valid for 5
years, which may be renewed thereafter every 5 years by the
State Teacher Certification Board based on proof of
continuing education or professional development. Standard
Certificates shall be issued for categories corresponding to
Early Childhood Education, Elementary Education, and
Secondary Education, and Special K-12, with special
certification designations for Special Education, Bilingual
Education, fundamental learning areas (including Language
Arts, Reading, Mathematics, Science, Social Science, Physical
Development and Health, Fine Arts, and Foreign Language), and
other areas designated by the State Board of Education, in
consultation with the State Teacher Certification Board.
(d) Master Certificate. Beginning January 1, 1999,
persons who have successfully achieved National Board
certification through the National Board for Professional
Teaching Standards shall be issued a Master Certificate,
valid for 7 years and renewable thereafter every 7 years
through compliance with requirements set forth by the State
Board of Education.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
Sec. 21-2a. Required instruction curriculum for all
teachers. After September 1, 1981 and until January 1, 1999,
in addition to all other requirements, the successful
completion of course work which includes instruction on the
psychology of the exceptional child, the identification of
the exceptional child, including, but not limited to the
learning disabled and methods of instruction for the
exceptional child, including, but not limited to the learning
disabled shall be a prerequisite to a person receiving any of
the following certificates: early childhood, elementary,
special and high school.
After January 1, 1999, the State Board of Education shall
ensure that the curriculum for all approved teacher
preparation programs includes, and that all prospective
teachers pursuing Early Childhood, Elementary, Secondary, or
Special K-12 certificates receive, instruction on the
psychology of, the identification of, and the methods of
instruction for the exceptional child, including without
limitation the learning disabled. This instruction on
exceptional children may be provided in one concentrated
course or may be integrated among other courses within the
teacher preparation program as shall be determined by the
State Board of Education.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
Sec. 21-4. Special certificate.
(a) A special certificate shall be valid for 4 years for
teaching the special subjects named therein in all grades of
the common schools. Subject to the provisions of Section
21-1a, it shall be issued to persons who have graduated from
a recognized institution of higher learning with a bachelor's
degree and with not fewer than 120 semester hours including a
minimum of 16 semester hours in professional education, 5 of
which shall be in student teaching under competent and close
supervision. When the holder of such certificate has earned a
master's degree, including eight semester hours of graduate
professional education from a recognized institution of
higher learning and with two years' teaching experience, it
may be endorsed for supervision.
Such persons shall be recommended for the special
certificate by a recognized institution as having completed
an approved program of preparation which includes academic
and professional courses approved by the State Superintendent
of Education in consultation with the State Teacher
Certification Board.
(b) Those persons holding special certificates on
January 1, 1999 shall be eligible for one of the following:
(1) The issuance of Standard Elementary and
Standard Secondary Certificates with appropriate special
certification designations as determined by the State
Board of Education, in consultation with the State
Teacher Certification Board, and consistent with rules
adopted by the State Board of Education. These
certificates shall be renewed as provided in subsection
(c) of Section 21-2.
(2) The issuance of Standard Special K-12
Certificates with appropriate special certification
designations, which shall be renewed as provided in
subsection (c) of Section 21-2. These certificates shall
not be eligible for additional certification designations
except as approved by the State Board of Education, in
consultation with the State Teacher Certification Board.
(c) Those persons eligible to receive K-12 certification
after January 1, 1999 shall be issued Initial Elementary and
Initial Secondary Certificates with appropriate special
certification designations pursuant to this Section or
Initial Special K-12 Certificates with appropriate special
certification designations pursuant to this Section. These
Initial K-12 Special Certificates shall not be eligible for
additional certification designations except as approved by
the State Board of Education, in consultation with the State
Teacher Certification Board.
Beginning January 1, 1999, special certification designations
shall be issued for Special Education, Bilingual Education,
fundamental learning areas (Language Arts, Reading,
Mathematics, Science, Social Science, Physical Development
and Health, Fine Arts, and Foreign Language), and other areas
designated by the State Board of Education, to persons who
meet all of the criteria established by the State Board of
Education, in consultation with the State Teacher
Certification Board.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
Sec. 21-14. Registration and renewal of certificates.
(a) A limited four-year certificate or a certificate
issued after July 1, 1955, shall be renewable at its
expiration or within 60 days thereafter by the county
superintendent of schools having supervision and control over
the school where the teacher is teaching upon certified
evidence of meeting the requirements for renewal as required
by this Act and prescribed by the State Board of Education in
consultation with the State Teacher Certification Board. An
elementary supervisory certificate shall not be renewed at
the end of the first four-year period covered by the
certificate unless the holder thereof has filed certified
evidence with the State Teacher Certification Board that he
has a master's degree or that he has earned 8 semester hours
of credit in the field of educational administration and
supervision in a recognized institution of higher learning.
The holder shall continue to earn 8 semester hours of credit
each four-year period until such time as he has earned a
master's degree.
All certificates not renewed or registered as herein
provided shall lapse after a period of 4 years from the
expiration of the last year of registration. Such
certificates may be reinstated for a one year period upon
payment of all accumulated registration fees. Such
reinstated certificates shall only be renewed: (1) by earning
5 semester hours of credit in a recognized institution of
higher learning in the field of professional education or in
courses related to the holder's contractual teaching duties;
or (2) by presenting evidence of holding a valid regular
certificate of some other type. Any certificate may be
voluntarily surrendered by the certificate holder. A
voluntarily surrendered certificate shall be treated as a
revoked certificate.
(b) When those teaching certificates issued before
January 1, 1999 are renewed for the first time after January
1, 1999, all such teaching certificates shall be exchanged
for Standard Teaching Certificates as provided in subsection
(c) of Section 21-2. All Initial and Standard Teaching
Certificates, including those issued to persons who
previously held teaching certificates issued before January
1, 1999, shall be renewable under the conditions set forth in
this subsection (b).
Initial Teaching Certificates are valid for 4 years and
are nonrenewable and are valid for 4 years of teaching.
Standard Teaching Certificates are renewable every 5 years as
provided in subsection (c) of Section 21-2.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
Sec. 24-11. Boards of Education - Boards of School
Inspectors - Contractual continued service. As used in this
and the succeeding Sections of this Article:
"Teacher" means any or all school district employees
regularly required to be certified under laws relating to the
certification of teachers.
"Board" means board of directors, board of education, or
board of school inspectors, as the case may be.
"School term" means that portion of the school year, July
1 to the following June 30, when school is in actual session.
This Section and Sections 24-12 through 24-16 of this
Article apply only to school districts having less than
500,000 inhabitants.
Any teacher who has been employed in any district as a
full-time teacher for a probationary period of 2 consecutive
school terms shall enter upon contractual continued service
unless given written notice of dismissal stating the specific
reason therefor, by certified mail, return receipt requested
by the employing board at least 45 days before the end of
such period; except that for a teacher who is first employed
as a full-time teacher by a school district on or after
January 1, 1998 and who has not before that date already
entered upon contractual continued service in that district,
the probationary period shall be 4 consecutive school terms
before the teacher shall enter upon contractual continued
service. For the purpose of determining contractual
continued service, the first probationary year shall be any
full-time employment from a date before November 1 through
the end of the school year. If, however, a teacher who was
first employed prior to January 1, 1998 has not had one
school term of full-time teaching experience before the
beginning of a probationary period of 2 consecutive school
terms, the employing board may at its option extend the
probationary period for one additional school term by giving
the teacher written notice by certified mail, return receipt
requested, at least 45 days before the end of the second
school term of the period of 2 consecutive school terms
referred to above. This notice must state the reasons for
the one year extension and must outline the corrective
actions that the teacher must take to satisfactorily complete
probation. The changes made by this amendatory Act of 1998
are declaratory of existing law.
Any full-time teacher who is not completing the last year
of the probationary period described in the preceding
paragraph, or any teacher employed on a full-time basis not
later than January 1 of the school term, shall receive
written notice from the employing board at least 45 days
before the end of any school term whether or not he will be
re-employed for the following school term. If the board fails
to give such notice, the employee shall be deemed reemployed,
and not later than the close of the then current school term
the board shall issue a regular contract to the employee as
though the board had reemployed him in the usual manner.
Contractual continued service shall continue in effect
the terms and provisions of the contract with the teacher
during the last school term of the probationary period,
subject to this Act and the lawful regulations of the
employing board. This Section and succeeding Sections do not
modify any existing power of the board except with respect to
the procedure of the discharge of a teacher and reductions in
salary as hereinafter provided. Contractual continued service
status shall not restrict the power of the board to transfer
a teacher to a position which the teacher is qualified to
fill or to make such salary adjustments as it deems
desirable, but unless reductions in salary are uniform or
based upon some reasonable classification, any teacher whose
salary is reduced shall be entitled to a notice and a hearing
as hereinafter provided in the case of certain dismissals or
removals.
The employment of any teacher in a program of a special
education joint agreement established under Section 3-15.14,
10-22.31 or 10-22.31a shall be under this and succeeding
Sections of this Article. For purposes of attaining and
maintaining contractual continued service and computing
length of continuing service as referred to in this Section
and Section 24-12, employment in a special educational joint
program shall be deemed a continuation of all previous
certificated employment of such teacher for such joint
agreement whether the employer of the teacher was the joint
agreement, the regional superintendent, or one of the
participating districts in the joint agreement.
Any teacher employed after July 1, 1987 as a full-time
teacher in a program of a special education joint agreement,
whether the program is operated by the joint agreement or a
member district on behalf of the joint agreement, for a
probationary period of two consecutive years shall enter upon
contractual continued service in all of the programs
conducted by such joint agreement which the teacher is
legally qualified to hold; except that for a teacher who is
first employed on or after January 1, 1998 in a program of a
special education joint agreement and who has not before that
date already entered upon contractual continued service in
all of the programs conducted by the joint agreement that the
teacher is legally qualified to hold, the probationary period
shall be 4 consecutive years before the teacher enters upon
contractual continued service in all of those programs. In
the event of a reduction in the number of programs or
positions in the joint agreement, the teacher on contractual
continued service shall be eligible for employment in the
joint agreement programs for which the teacher is legally
qualified in order of greater length of continuing service in
the joint agreement unless an alternative method of
determining the sequence of dismissal is established in a
collective bargaining agreement. In the event of the
dissolution of a joint agreement, the teacher on contractual
continued service who is legally qualified shall be assigned
to any comparable position in a member district currently
held by a teacher who has not entered upon contractual
continued service or held by a teacher who has entered upon
contractual continued service with shorter length of
contractual continued service.
The governing board of the joint agreement, or the
administrative district, if so authorized by the articles of
agreement of the joint agreement, rather than the board of
education of a school district, may carry out employment and
termination actions including dismissals under this Section
and Section 24-12.
For purposes of this and succeeding Sections of this
Article, a program of a special educational joint agreement
shall be defined as instructional, consultative, supervisory,
administrative, diagnostic, and related services which are
managed by the special educational joint agreement designed
to service two or more districts which are members of the
joint agreement.
Each joint agreement shall be required to post by
February 1, a list of all its employees in order of length of
continuing service in the joint agreement, unless an
alternative method of determining a sequence of dismissal is
established in an applicable collective bargaining agreement.
The employment of any teacher in a special education
program authorized by Section 14-1.01 through 14-14.01, or a
joint educational program established under Section
10-22.31a, shall be under this and the succeeding Sections of
this Article, and such employment shall be deemed a
continuation of the previous employment of such teacher in
any of the participating districts, regardless of the
participation of other districts in the program. Any teacher
employed as a full-time teacher in a special education
program prior to September 23, 1987 in which 2 or more school
districts participate for a probationary period of 2
consecutive years shall enter upon contractual continued
service in each of the participating districts, subject to
this and the succeeding Sections of this Article, and in the
event of the termination of the program shall be eligible for
any vacant position in any of such districts for which such
teacher is qualified.
(Source: P.A. 90-548, eff. 1-1-98.)
(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
Sec. 24A-5. Content of evaluation plans. Each school
district to which this Article applies shall establish a
teacher evaluation plan which ensures that each teacher in
contractual continued service is evaluated at least once in
the course of every 2 school years, beginning with the
1986-87 school year.
The evaluation plan shall comply with the requirements of
this Section and of any rules adopted by the State Board of
Education pursuant to this Section.
The plan shall include a description of each teacher's
duties and responsibilities and of the standards to which
that teacher is expected to conform.
The plan may provide for evaluation of personnel whose
positions require administrative certification by independent
evaluators not employed by or affiliated with the school
district. The results of the school district administrators'
evaluations shall be reported to the employing school board,
together with such recommendations for remediation as the
evaluator or evaluators may deem appropriate.
Evaluation of teachers whose positions do not require
administrative certification shall be conducted by an
administrator qualified under Section 24A-3, or -- in school
districts having a population exceeding 500,000 -- by either
an administrator qualified under Section 24A-3 or an
assistant principal under the supervision of an administrator
qualified under Section 24A-3, and shall include at least the
following components:
(a) personal observation of the teacher in the
classroom (on at least 2 different school days in school
districts having a population exceeding 500,000) by a
district administrator qualified under Section 24A-3, or
-- in school districts having a population exceeding
500,000 -- by either an administrator qualified under
Section 24A-3 or an assistant principal under the
supervision of an administrator qualified under Section
24A-3, unless the teacher has no classroom duties.
(b) consideration of the teacher's attendance,
planning, and instructional methods, classroom
management, where relevant, and competency in the subject
matter taught, where relevant.
(c) rating of the teacher's performance as
"excellent", "satisfactory" or "unsatisfactory".
(d) specification as to the teacher's strengths and
weaknesses, with supporting reasons for the comments
made.
(e) inclusion of a copy of the evaluation in the
teacher's personnel file and provision of a copy to the
teacher.
(f) within 30 days after completion of an
evaluation rating a teacher as "unsatisfactory",
development and commencement by the district, or by an
administrator qualified under Section 24A-3 or an
assistant principal under the supervision of an
administrator qualified under Section 24A-3 in school
districts having a population exceeding 500,000, of a
remediation plan designed to correct deficiencies cited,
provided the deficiencies are deemed remediable. In all
school districts the remediation plan for unsatisfactory,
tenured teachers shall provide for 90 school days of
remediation within the classroom. In all school
districts evaluations issued pursuant to this Section
shall be issued within 10 days after the conclusion of
the respective remediation plan. However, the school
board or other governing authority of the district shall
not lose jurisdiction to discharge a teacher in the event
the evaluation is not issued within 10 days after the
conclusion of the respective remediation plan.
(g) participation in the remediation plan by the
teacher rated "unsatisfactory", a district administrator
qualified under Section 24A-3 (or -- in a school district
having a population exceeding 500,000 -- an administrator
qualified under Section 24A-3 or an assistant principal
under the supervision of an administrator qualified under
Section 24A-3), and a consulting teacher, selected by the
participating administrator or by the principal, or -- in
school districts having a population exceeding 500,000 --
by an administrator qualified under Section 24A-3 or by
an assistant principal under the supervision of an
administrator qualified under Section 24A-3, of the
teacher who was rated "unsatisfactory", which consulting
teacher is an educational employee as defined in the
Educational Labor Relations Act, has at least 5 years'
teaching experience and a reasonable familiarity with the
assignment of the teacher being evaluated, and who
received an "excellent" rating on his or her most recent
evaluation. Where no teachers who meet these criteria
are available within the district, the district shall
request and the State Board of Education shall supply, to
participate in the remediation process, an individual who
meets these criteria.
In a district having a population of less than
500,000 with an exclusive bargaining agent, the
bargaining agent may, if it so chooses, supply a roster
of qualified teachers from whom the consulting teacher is
to be selected. That roster shall, however, contain the
names of at least 5 teachers, each of whom meets the
criteria for consulting teacher with regard to the
teacher being evaluated, or the names of all teachers so
qualified if that number is less than 5. In the event of
a dispute as to qualification, the State Board shall
determine qualification.
(h) quarterly evaluations and ratings once every 30
school days for the 90 school day remediation period one
year immediately following receipt of an "unsatisfactory"
rating of a teacher for whom a remediation plan provided
for under subsections (f) and (g) of this Section has
been developed; provided that in school districts having
a population exceeding 500,000 there shall be monthly
evaluations and ratings for the first 6 months and
quarterly evaluations and ratings for the next 6 months
immediately following completion of the remediation
program of a teacher for whom a remediation plan has been
developed. These subsequent evaluations shall be
conducted by the participating administrator, or -- in
school districts having a population exceeding 500,000 --
by either the principal or by an assistant principal
under the supervision of an administrator qualified under
Section 24A-3. The consulting teacher shall provide
advice to the teacher rated "unsatisfactory" on how to
improve teaching skills and to successfully complete the
remediation plan. The consulting teacher shall
participate in developing the remediation plan, but the
final decision as to the evaluation shall be done solely
by the administrator, or -- in school districts having a
population exceeding 500,000 -- by either the principal
or by an assistant principal under the supervision of an
administrator qualified under Section 24A-3, unless an
applicable collective bargaining agreement provides to
the contrary. Teachers in the remediation process in a
school district having a population exceeding 500,000 are
not subject to the annual evaluations described in
paragraphs (a) through (e) of this Section. Evaluations
at the conclusion of the remediation process shall be
separate and distinct from the required annual
evaluations of teachers and shall not be subject to the
guidelines and procedures relating to those annual
evaluations. The evaluator may but is not required to
use the forms provided for the annual evaluation of
teachers in the district's evaluation plan.
(i) in school districts having a population of less
than 500,000, reinstatement to a schedule of biennial
evaluation for any teacher who completes the 90 school
day 1-year remediation plan with a "satisfactory" or
better rating, unless the district's plan regularly
requires more frequent evaluations; and in school
districts having a population exceeding 500,000,
reinstatement to a schedule of biennial evaluation for
any teacher who completes the 90 school day remediation
plan with a "satisfactory" or better rating and the one
year intensive review schedule as provided in paragraph
(h) of this Section with a "satisfactory" or better
rating, unless such district's plan regularly requires
more frequent evaluations.
(j) dismissal in accordance with Section 24-12 or
34-85 of The School Code of any teacher who fails to
complete any applicable remediation plan with a
"satisfactory" or better rating. Districts and teachers
subject to dismissal hearings are precluded from
compelling the testimony of consulting teachers at such
hearings under Section 24-12 or 34-85, either as to the
rating process or for opinions of performances by
teachers under remediation.
In a district subject to a collective bargaining
agreement as of the effective date of this amendatory Act of
1997, any changes made by this amendatory Act to the
provisions of this Section that are contrary to the express
terms and provisions of that agreement shall go into effect
in that district only upon expiration of that agreement.
Thereafter, collectively bargained evaluation plans shall at
a minimum meet the standards of this Article. If such a
district has an evaluation plan, however, whether pursuant to
the collective bargaining agreement or otherwise, a copy of
that plan shall be submitted to the State Board of Education
for review and comment, in accordance with Section 24A-4.
Nothing in this Section shall be construed as preventing
immediate dismissal of a teacher for deficiencies which are
deemed irremediable or for actions which are injurious to or
endanger the health or person of students in the classroom or
school. Failure to strictly comply with the time requirements
contained in Section 24A-5 shall not invalidate the results
of the remediation plan.
(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
Section 15. The School Construction Law is amended by
adding Section 5-37 as follows:
(105 ILCS 230/5-37 new)
Sec. 5-37. Carry over projects. If a school district has
been issued a grant entitlement for a school construction
project, has arranged and approved all local financing, and
is eligible to receive a school construction project grant
award in any fiscal year, but does not receive such award in
that year due to lack of adequate appropriations, such school
construction projects shall be placed ahead of any new school
construction projects within the same priority category as
defined in Section 5-30 that are approved for grant awards
for the following year.
Section 99. This Act takes effect upon becoming law,
except the changes to Sec. 18-8.05 of the School Code which
shall take effect July 1, 1998.